유전자원에 대한 접근 및 이익공유에 관한 나고야의정서 이행법의 제정방향

Abstract

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization to the Convention on Biological Diversity(hereinafter referred to as Nagoya Protocol ) is adopted for the fair and equitable sharing of the benefits arising from the utilization of genetic resources. Nagoya Protocol provide that the Parties to the present Protocol shall take legislative, administrative or policy measures, as appropriate, with the aim of ensuring that benefits arising from the utilization of genetic resources, based on mutually agreed terms. So, Korea Government prepared for the Draft on Executive Law of Nagoya Protocol (hereinafter referred to as Governmental Draft ). This article aims for the study on the direction of enacting on Executive Law of Nagoya Protocol. The method of this study is review the Nagoya Protocol and the Governmental Draft. The principal provisions to the Nagoya Protocol are Objective, Use of terms, Scope, Fair and equitable benefitsharing,Access to genetic resources, Access to traditional knowledge associated with genetic resources, Special consideration, Tansboundary cooperation, National focal point and Competent national authorities,Compliance with domestic legislation or regulatory requirements on access and benefit-sharing, Monitoring the utilization of genetic resources and Compliance with mutually agreed terms. The Governmental Draft provide similar provisions to the Nagoya Protocol. But, some provision of the Governmental Draft provide incorrect provision to the Nagoya Protocol. First, the objective of the Nagoya Protocol is the fair and equitable sharing of the benefits arising from the utilization of genetic resources. But the objective of the Governmental Draft are contribute to conservation of biological diversity, provide for the process of access to genetic resources, and provide for the sharing of the benefits arising from the utilization of genetic resources. Strictly speaking, the objective of the Nagoya Protocol is the ABS. Second, the Nagoya Protocol provide 22 use of terms(17 Terms of CBD and 5 terms of the Nagoya Protocol). But, the Governmental Draft provide 13 use of terms. Third, the provision of scope, national focal point, competent national authorities and others of the Governmental Draft shall modify. In conclusion, the Governmental Draft shall provide correct provision in accordance with the Nagoya Protocol as a whole.